Opinion Flash

January 27, 2004
Volume 10 — Number 017

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


BOBBY L. BLAYLOCK v. DACCO, INC., ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Randolph A. Veazey, Nashville, Tennessee, for the appellants, Dacco
Inc., and Zurich Insurance Company

Jon E. Jones, Cookeville, Tennessee, for the appellee, Bobby L.
Blaylock

Judge: BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225 (e)(3) for hearing and reporting to
the Supreme Court of findings of fact and conclusions of law.  The
trial court found that the plaintiff's respiratory conditions did
arise out of the scope and course of his employment.  We affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/blaylockbobby.wpd

FREDERICK J. JACKSON v. PACCAR, INC. d/b/a PETERBILT MOTORS COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          

Terry L. Hill, Nashville, Tennessee, for the appellant, Paccar, Inc.
d/b/a Peterbilt Motors Company

Jay R. Slobey and Michael Hornback, Nashville, Tennessee, for the
appellee, Frederick Jackson

Judge: BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with TENN. CODE ANN. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the defendant/appellant argues that the trial court erred in
finding that the plaintiff/appellee sustained his carpal tunnel
injuries while he was employed with the defendant/appellant, and the
defendant/appellant also argues that the trial court's assignment of a
12.5 percent vocational disability is excessive.  We affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/jacksonfrederick.wpd

JOANNA SWIGER v. NASHVILLE UNION STOCKYARD RESTAURANT CO., INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

W. I. Howell Acuff, of Cookeville, Tennessee, for the appellant,
Joanna Swiger.

David J. Deming, of Nashville, Tennessee, for the appellee, Nashville
Union Stockyard Restaurant.

Judge: BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with TENN. CODE ANN. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The issues
involved in this appeal are whether the plaintiff, Joanna Swiger, had
waived her right to seek reconsideration pursuant to TENN. CODE ANN. S
50-6-241(a)(2), and whether Ms. Swiger made a reasonable attempt to
return to work.

http://www.tba.org/tba_files/TSC_WCP/swigerjoanna.wpd

VIRGINIA SYKES v. SATURN CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:                          

Thomas H. Peebles, IV, and Terrence O. Reed, Nashville, Tennessee, for
the appellant, Saturn Corporation

J. Anthony Arena, Nashville, Tennessee, for the appellee, Virginia
Sykes

Judge: BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with TENN. CODE ANN. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the defendant/appellant, Saturn Corporation, argues that there
is no evidence that the permanency of plaintiff/appellee's plantar
fasciitis and Morton's neuroma was caused by her employment, and that
the plaintiff/appellee's condition of lupus was not caused by her
employment.

http://www.tba.org/tba_files/TSC_WCP/sykesvirginia.wpd

JERRY LYNN WRIGHT v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Jerry
Lynn Wright.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Zane Scarlett, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Jerry Lynn Wright, appeals the dismissal of his
petition for post-conviction relief, alleging that the post-conviction
court erred in finding that his guilty plea was knowing and voluntary
and that he received effective assistance of counsel.  Upon review of
the record and the parties' briefs, we affirm the judgment of the
post-conviction court.

http://www.tba.org/tba_files/TCCA/wrightj.wpd

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